Shalimar Development, Inc. v. Heritage Savings Bank

By Judge T. J. Markow

The parties appeared, by counsel, for a hearing on the Motion to Set Aside and/or Reduce the Jury’s Verdict, which was a renewal of the defendant’s Motion to Strike the Plaintiffs Evidence that was taken under advisement at trial on February 9, 1998.

When the sufficiency of a plaintiffs evidence is challenged by a motion to strike, the trial court should resolve any reasonable doubt as to the sufficiency of the evidence in plaintiffs favor and should grant the motion only when it conclusively appears that the plaintiff has proved no cause of action against the defendant,…